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Planning Bill

Planning consents - Consideration of application and decision

147: Matters for which consent must not be granted

You could also call this:

"When You Can't Get Planning Consent"

Illustration for Planning Bill

You cannot get a planning consent if it goes against certain rules. These rules include regulations and special conditions called wāhi tapu conditions. You also cannot get a consent if it breaks section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011. You cannot get a planning consent if it should have been made public but was not. This is another reason why a consent authority might not give you a planning consent. They have to follow these rules when deciding whether to grant a consent. A consent authority's job is to make sure planning consents follow the rules. They must not grant a consent if it does not meet these conditions. This is to ensure that planning consents are given fairly and correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1494241.

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146: Consent may be refused or granted with conditions if risk from natural hazards, etc, or

"Consent can be refused or have conditions if there's a risk from natural disasters"


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148: Determination of planning consent, or

"Deciding if you can do something on your land"

Part 4Planning consents
Consideration of application and decision

147Matters for which consent must not be granted

  1. A consent authority must not grant a planning consent if—

  2. it is contrary to—
    1. any regulations:
      1. a wāhi tapu condition included in a customary marine title order or agreement:
        1. section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011:
        2. it should have been notified and was not.